Golden Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24864 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -ROSHANGAANJ District- GAYA ====================================================== Golden Mian Son of Late Md. Farukh, Resident of Village-Baida, P.S.- Amas, District-Gaya.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mahtab Alam, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 6.1.2018 in connection with Raushangaj (Bankey Bazar) P.S. Case No.184 of 2017 for the offences alleged under Sections 457 and 380 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confession of co-accused Afzal Khan and except this there is no material to connect the petitioner with the alleged occurrence. The said co-accused Afzal Khan has been granted bail vide Annexure-2. No recovery of any incriminating article has been made from the conscious possession of the petitioner, who claims clean antecedent.
4. Be that as it may, having regard to the entirety of
Patna High Court Cr.Misc. No.24864 of 2018 (2) dt.03-05-2018 2/2 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount leach to the satisfaction of learned S.D.J.M., Sherghati, Gaya, in connection with Raushangaj (Bankey Bazar) P.S. case No.184 of 2017, on the following conditions :
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T